Allowed

Dr.Antony Mathew v. State of Kerala

Kerala HC14 Dec 2023WP(C)/2103/2022

Case brief

AI extract

What is this about?

The court allowed the writ petition seeking recognition of prior service for the petitioner. The rejecting order was set aside, and a direction was issued to the Director to reconsider the case affresh within two months. The headnote remains predictable in nature for those searching for pension cases.

What did the court decide?

Ext.P5 order set aside; directed to reconsider the case afresh within two months.

Dr.Antony Mathew Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 14^TH DAY OF DECEMBER 2023 / 23RD AGRAHAYANA, 1945

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W.P.(C) NO.2103 OF 2022

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PETITIONER:

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DR.ANTONY MATHEW, AGED 75 YEARS, S/O. MATHEW, T.C.14/352-1, OTTAPLAKKAD, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

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BY ADVS. LATHIKA KUMARI.D S.ANEESH(K/613/2014)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR,VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM DISTRICT,PIN-695 033.

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3 ST.XAVIERS COLLEGE, THUMBA, VELI-PERUMATHURA RD, NEAR POST OFFICE, THUMBA, THIRUVANANTHAPURAM, PIN-695 586 REPRESENTED BY ITS PRINCIPAL

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R1&R2 SMT. K.G. SAROJINI, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-2-

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W.P.(C) NO.2103 OF 2022

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JUDGMENT

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Dated this the 14^th day of December, 2023

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The petitioner entered the service of the 3^rd

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respondent on 03.11.1980. He superannuated on 31.03.2003, after rendering a service of 22 years and 20 days. Prior to entering the service of the 3^rd respondent, the petitioner had a previous service of 6 years 1 month and 23 days with Kaliabor College, Kuwaritol, Assam. The petitioner's request for including the said service for the purpose of determining the qualifying service, has been rejected by Ext.P5 order. The petitioner relied on Exts.P2 and P4 judgments of this Court wherein, in the case of similarly situated persons, the prior service was directed to be reckoned. It is submitted that Ext.P5 has been issued in total violation of the said judgments. A reading of Ext.P5 shows that it does not refer to the judgments of this Court which are referred to by the petitioner.

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In the above circumstances, I am of the opinion that a re-look is required in the matter. The writ petition is hence allowed. Ext.P5 is set aside. There will be a direction to the

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W.P.(C) NO.2103 OF 2022

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2^nd respondent to consider the case of the petitioner afresh, and take a decision after hearing the petitioner, and with due regard to Exts.P2 and P4 judgments of this Court, at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 2^nd respondent for necessary compliance.

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Sd/- T.R. RAVI JUDGE

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bpr

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-4-

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W.P.(C) NO.2103 OF 2022

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APPENDIX OF WP(C) 2103/2022

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PETITIONER'S EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE SERVICE CERTIFICATE DATED 20.01.2000 ISSUED BY THE PRINCIPAL, KALIABOR COLLEGE ASSAM, GUAHATI UNIVERSITY.

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EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 12.03.2007 IN W.P.(C) NO.37176/2003. EXHIBIT P3 A TRUE COPY OF THE G.O(RT) 1449/2007/H.EDN DATED 28.07.2007. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 01.12.2011 IN WA 2579 OF 2009. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 08.11.2021 PASSED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS

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EXIHIBIT R2A TRUE COPY OF G.O.(P) NO.703-2002-FIN DATED 12.11.2002. EXIHIBIT R2(B) TRUE COPY OF G.O.(P) NO.53-2018-FIN DATED 30.03.2018.

Dr.Antony Mathew v. State of Kerala

Case brief

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Dr.Antony Mathew v. State of Kerala

Case brief

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What did the court decide?

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